E-2 Investor Visa: Getting Successful Immigration Status Through Minimum Investment in the United States.

by | Apr 26, 2023

What Is E2 Investor Visa?

The E2 visa is a nonimmigrant visa category that allows foreign entrepreneurs and investors to enter and work in the United States based on their investment in a U.S. business. The E2 visa is designed to facilitate investment and trade between the United States and certain treaty countries.

To be eligible for the E2 visa, the applicant must be a citizen of a country that has a treaty of commerce and navigation or a bilateral investment treaty with the United States. The applicant must also have invested a substantial amount of capital in a U.S. enterprise, which they will direct and develop.

The specific amount of capital required for an E2 visa varies depending on the enterprise and the facts and circumstances of the case, but generally, the investment must be sufficient to ensure the success of the business. The E2 visa holder must also demonstrate that their investment is at risk, and that they have control of the funds.

Once the E2 visa is granted, the visa holder can enter the United States and work for the enterprise in which they have invested. The E2 visa can be renewed indefinitely as long as the visa holder continues to meet the requirements and the enterprise remains operational.

One of the advantages of the E2 visa is that it allows the visa holder’s dependents, including spouses and unmarried children under the age of 21, to accompany them to the United States. Dependents are also eligible to apply for work authorization in the United States.

It is important to note that the E2 visa is a nonimmigrant visa, which means that it does not provide a direct path to permanent residency or a green card. However, E2 visa holders may be able to pursue a green card through other employment-based categories.

From E-2 Visa to Green Card.

There may be a few options to go from E2 visa status (nonimmigrant) to green card (immigrant).

One option is through a process called adjustment of status. Adjustment of status allows E-2 visa holders who meet certain eligibility criteria to apply for lawful permanent resident status (i.e., a green card) while remaining in the United States.

To be eligible for adjustment of status from an E-2 visa, an applicant must:

  1. Be physically present in the United States and be in lawful nonimmigrant status at the time of filing the adjustment of status application.
  2. Be admissible to the United States as a lawful permanent resident, meaning they cannot have committed certain crimes or engaged in other behavior that would make them ineligible for permanent residency.
  3. Have a qualifying immigrant visa immediately available at the time of filing the adjustment of status application. This means that the applicant must have an approved immigrant visa petition (such as an EB-2 or EB-3) and that the priority date for the visa category must be current.
  4. Meet any other eligibility criteria specific to the immigrant visa category for which they are applying.

If an E-2 visa holder is eligible for adjustment of status, they can submit an application to the U.S. Citizenship and Immigration Services (USCIS) along with all required documentation and fees. The USCIS will then review the application and conduct a background check and interview, if necessary, before making a decision on the application.

Steps to Go From E-2 Visa to Employment-Based Green Card.

These are essential steps to analyze before starting the process:

  1. Determine Eligibility: The first step is to determine if you are eligible for an employment-based green card. This can depend on factors such as your education, work experience, and whether a U.S. employer is willing to sponsor you for permanent residency.
  2. Choose the Appropriate Green Card Category: Once you determine your eligibility, you need to choose the appropriate employment-based green card category that best fits your qualifications and job offer. Some common categories are EB-2 and EB-3.
  3. Obtain a Labor Certification: If you are applying for an EB-2 or EB-3 green card, you may need to obtain a labor certification from the U.S. Department of Labor (DOL) to show that there are no qualified U.S. workers available for the job.
  4. File the Immigrant Petition: The next step is to file an immigrant petition (Form I-140) with U.S. Citizenship and Immigration Services (USCIS). This petition is typically filed by your employer, although some individuals may be eligible to self-petition.
  5. Priority Date: Once the immigrant petition is approved, a priority date is established for your green card application. This date is important as it determines when a visa becomes available for you.
  6. Adjustment of Status: If you are in the United States on an E-2 visa, you can apply for adjustment of status to become a lawful permanent resident (green card holder) after your priority date becomes current. This process involves filing an application with USCIS and attending an interview. If you are outside the United States, you will need to apply for an immigrant visa at a U.S. consulate or embassy.

It’s important to note that the process of obtaining an employment-based green card can be complex and lengthy, and it’s recommended to work with an experienced immigration attorney to ensure that your application is complete, accurate, and has the best chance of success.

Silvina Tondini, Esq.
Silvina Tondini is a bilingual, skilled, international advocate and a national speaker on Immigration Law with years of diversified experience providing counsel and directing individuals and business clients on business and immigration law matters.

Attorney Silvina Tondini can be reached at (760) 579-2216 or by email at info@tondinilaw.com

Disclaimer: This blog is for informational purposes only. If you have any questions, please contact our office.